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How to avoid anti-money laundering compliance headaches - financial product issues
Insight 03 Jul 2015

Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...

Trowbridge - a bridge too far?
Insight 04 Jun 2015

In October 2014 ASIC released its report into retail life insurance advice practices The findings were pretty grim - with poor advice being more common than good or even adequate advice ASIC said that advisers were motivated by the promise of commissions not the interests of their clients Following ...

Allens advises Iron Mountain on groundbreaking $250 million syndicated Term Loan B facility
News 06 Oct 2016

Allens has advised Iron Mountain Incorporated ( Iron Mountain ) on an Australian dollar syndicated Term Loan B facility to be used for the refinancing of its existing facilities. The financing ...

Federal Government announces FOFA changes
Insight 20 Jun 2014

The Federal Government has announced that it will press ahead with changes to the future of financial advice provisions, initially by regulation and then by legislation ...

Government releases FOFA regulations
Insight 30 Jun 2014

The Governments much anticipated FOFA regulations were registered today and provide significant relief for benefits provided to employees and representatives of product issuers who provide general advice They also expressly allow bonuses to be linked to successful product sales providing the bonus ...

'Fraud on the market' theory survives challenge in the US
Insight 26 Jun 2014

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

Disclosure: current complexity, future clarity?
Insight 04 Jun 2014

Since the 1996 Wallis Inquiry disclosure has been at the heart of the regulatory philosophy for the retail financial services sector in Australia Under the Financial System Inquirys terms of reference the Inquiry will refresh the philosophy principles and objectives underpinning the development of a ...

Royal Commission: Round 2 - experiences with financial advice
Insight 02 Oct 2018

Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...

Counsel Assisting the Royal Commission alleges significant superannuation misconduct
Insight 27 Aug 2018

The list of alleged breaches are divided into breaches of the SIS Act the Corporations Act and the ASIC Act we consider each of these and what it might mean ...

Are CCIVS the beginning of the end for the Unit Trust's monopoly?
Insight 19 Sep 2018

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

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